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Intellectual Property Rights in International Shipping

Trademarks & Trade names; Copyrights; Patents in international shipping.

  1. In international shipping, Trademarks, and trade names are similar to IBM, BMW, Coca-Cola, etc.
  2. Copyrights in international shipping apply to books, music, logos, some designs, etc.
  3. Patents in international shipping apply to something how it works mechanical, electrical, electro-mechanical, etc.

Trademarks and trade names in international shipping are similar to IBM, BMW, Coca-Cola, etc.

Copyrights in international shipping apply to books, music, logos, some design, etc.

VIOLATION of Trademarks & Trade names and Copyrights in international shipping under 133.23

  1. Customs will detain it;
  2. Customs notifies the owner and;
  3. Customs sends a notice to the Importer;
  4. The importer must respond within 30 days;

a. If the Importer does not respond within 30 days, then internationally shipping goods are seized and forfeited or;

b. Within those 30 days, the Importer can show proof that he does not violate the law or has an international shipping right to import it (Royalty fee had been paid, etc.).

c. Upon Customs notification to the owner of or (this notification includes the date of entry (1); description of internationally shipping items (2); quantity (3), and country of origin (4)), then the Owner of or has a right to respond and

  1. Must post a bond on the goods;
  2. Get a sample (the sample must be returned);
  3. Decide (or negotiate with the Importer) whether to approve the import (1), export it (2), or allow it to be imported after the objection mark is removed.

In international shipping, the essential difference between Trademarks & Trade names, and Copyrights in:
WITH Copyrights CLAIMS, IF THE Copyrights OWNER CAN NOT PROOF HIS Copyrights, THEN THE IMPORTER HAS CIVIL RIGHTS TO GO AFTER THE Copyrights OWNER FO LOSS BUSINESS. Therefore, the copyright owner must post a bond on the international shipping goods to guarantee he will pay the Importer his loss if he is wrong.

COUNTERFEITING IS DIFFERENT. COUNTERFEITING IS PROHIBITED. 
or OWNER has the right to file an action against the importer.

 

PATENTS in international shipping

Have to be registered with the U.S. Patent Office in Washington D.C.

However, stopping patents from coming to the USA is challenging because some small changes can be a reason to go for a new patent.

In international shipping, in the event of a violation, a Patent holder has to submit to U.S. Customs an application called "PATENT IMPORT SURVEY." He can go to the International Shipping Court of International Trade if he loses.

 
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